QUESTION

When does the HOA Board of directors have the right to assign parking spaces to residents?

Asked on Sep 09th, 2016 on Real Estate - California
More details to this question:
N/A
Report Abuse

1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
Update Your Profile
You have to look at the first deed out of your specific unit from the original developer. If that deed assigned a specific parking space to your unit, then the HOA cannot change it without your prior written consent. It is more common for all the parking spaces to be common area, and for the CC&Rs to provide the mechanism for assigning them. Most commonly, that is for the HOA Board to assign them. Some CC&Rs will specify one space or two spaces per unit. If there are less spaces than units, the CC&Rs might specify which specific units are not entitled to parking spaces. You have to look at BOTH the CC&Rs and the first deed out of your unit. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Sep 12th, 2016 at 11:23 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters